Note on Conquest and Cession

2021 ◽  
pp. 280-281
Author(s):  
Martin Wight

In this note Wight provided a brief survey of institutions for the conquest and cession of territories, illustrated by examples in European history since the fifteenth century. Some legal and political forms concealed de facto conquest and cession to spare the amour propre of the losing party and thereby minimize its humiliation. In some cases, enfeoffment combined conquest with continuing vassal status. Other methods of saving face and bargaining over status included granting an imperial vicariate, diplomatically evading the issue, camouflaging the cession, and making the cession conditional. Conquest and cession became more direct and undisguised with the Treaty of Utrecht in 1713, if not earlier. Since the eighteenth century, however, the consent of the residents of the territory to be ceded has become a more prominent issue. Since 1919 disregard for previous approaches to conquest and cession has led to new political and legal frameworks on recognition involving national policies such as the Stimson Doctrine, international treaties such as the Kellogg–Briand Pact, and international organizations such as the League of Nations and the United Nations.

Slavic Review ◽  
1975 ◽  
Vol 34 (2) ◽  
pp. 341-359 ◽  
Author(s):  
John M. Klassen

Throughout European history the aristocracy has been involved in reform movements which undermined either ecclesiastical or monarchical power structures. Thus the nobles of southern France in the twelfth century granted protection to the Cathars, and in fourteenth-century England lords and knights offered aid to the Lollards. The support of German princes and knights for Lutheranism is well known, as is the instrumental role played by the French aristocracy in initiating the constitutional reforms which gave birth to that nation's eighteenth-century revolution. The fifteenth-century Hussite reform movement in Bohemia similarly received aid from the noble class. Here, when the Hussites were under attack in 1417 from the authorities, especially the archbishop, sympathetic lords protected Hussite priests on their domains.


Author(s):  
Jussi M. Hanhimäki

The International Peace Conference in 1899 established the Permanent Court of Arbitration as the first medium for international disputes, but it was the League of Nations, established in 1919 after World War I, which formed the framework of the system of international organizations seen today. The United Nations was created to manage the world's transformation in the aftermath of World War II. ‘The best hope of mankind? A brief history of the UN’ shows how the UN has grown from the 51 nations that signed the UN Charter in 1945 to 193 nations in 2015. The UN's first seven decades have seen many challenges with a mixture of success and failure.


Author(s):  
Vijayashri Sripati

This chapter establishes United Nations Constitutional Assistance (UNCA) as a significant but uncharted international and constitutional law topic. UNCA is defined as a set of activities undertaken to produce/internationalize the Western liberal constitution. The Constitution’s salience is outlined to show that UNCA: sires UN/International Territorial Administration; is salient vis-à-vis the UN’s assistance in all other sectors (e.g., electoral, judicial, rule of law); and underpins UN peacebuilding/UN Statebuilding. This backdrop sets the stage for the book’s mission: to analyze UNCA through the concept of ‘Policy Institution’ and Purposive Analysis (analysis of the UN’s official statements). Which is: to investigate and identify the Constitution’s internationalization by international organizations (e.g., the League of Nations and the United Nations); to analyse how the Constitution and its purposes fit into international law and public policy; to consider how states internationalized the Constitution to achieve colonial trusteeship; and to explain how the legitimacy of UNCA with, and without ITA might be appraised in the light of this analysis.


2009 ◽  
pp. 43-63
Author(s):  
Gabriele Turi

- The definition of slavery used by the international organizations - League of Nations, International Labour Organization, United Nations - has acquired an ever broader significance: in place of chattel slavery, it has come to include the different forms of the violent subjection of men, women and children in order to exploit them. The "new forms of slavery" of the contemporary period differ from the traditional ones (which still exist in some countries, such as Mauritania), while still maintaining various elements of continuity with them. The comparison between old and new forms of slavery can deepen our understanding of both at the historiographic level.Key words: Slavery, Contemporary Slavery, Human Trafficking, Human rights.Parole chiave: schiavitů, nuove schiavitů, tratta, diritti umani.


1949 ◽  
Vol 43 (4) ◽  
pp. 679-704 ◽  
Author(s):  
Hans Aufricht

Intergovernmental organizations are frequently confronted with questions concerning the recognition of states and governments. This essay deals with the principles and practices concerning recognition by major intergovernmental organizations in the light of the related rules and practices of the League of Nations, the Inter-American System and the United Nations.


Global Jurist ◽  
2011 ◽  
Vol 11 (2) ◽  
Author(s):  
David H. Lempert

The article offers an easy-to-use indicator for scholars and practitioners to measure whether non-governmental organizations (NGOs), international organizations, and government policies and projects meet the criteria for “democracy” that have been established by various international treaties and that are recognized by experts in the field. Use of this indicator on more than a dozen standard interventions funded today by international development banks, United Nations organizations, country donors, and NGOs reveals that most of the major actors in the field of development are actually failing to promote democracy and good governance and points to the specific areas where they need to improve in order to fulfill democracy, governance and rights criteria. This article also offers a sample test of the indicator using the United Nations High Commissioner for Human Rights (UNHCHR) as a case study.


2015 ◽  
Vol 17 (2) ◽  
pp. 127-137
Author(s):  
Stephen Mathias

This article reflects upon the lessons which might be learned from the League of Nations. It highlights a number of the key differences between the League of Nations and the United Nations, with consideration given to the characteristics which shaped both institutions, and the impact which those aspects have had on their ability to fulfil their respective mandates. The article addresses issues including the composition of the institutions’ memberships, the role of sanctions, the roles of the respective Secretariats, and concludes with reflections on broader lessons which might be learned, drawing on the purposes and principles of the respective institutions. The importance of Article 2(4) of the Charter of the United Nations is emphasised, with recognition given to its central role in securing a peaceful society in which the Organization’s goal of bringing about social progress and better standards of life might be secured.


1992 ◽  
Vol 18 (4) ◽  
pp. 295-317 ◽  
Author(s):  
Daniele Archibugi

Perpetual peace projects constitute a largely undervalued intellectual tradition that has attracted many polemical arrows. One of the most frequent criticisms levelled at the projects is that their authors too often abandon themselves to utopianism. Yet this tradition has proved to be much more influential than is generally recognized: contemporary international organizations, from the League of Nations to the United Nations, from the European Parliament to the International Court of Justice, were sketched out, if only in embryonic form, in these perpetual peace projects. Yet it is rare to find their authors numbered among the founders of internationalist theory.


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